Business Law Unit 2

Front 1

Tort

Back 1

"A wrong." 3 categories:

-negligence

-intentional

-strict liability

Front 2

Negligence

Back 2

A type of tort. These elements must be satisfied for negligence:

1-Duty- (what duty of care is owed?) - i-the duty we owe each other not to cause any unreasonable harm or risk. Reasonable person standard.

2-Breach (of duty)- a failure to exercise care or to act as a reasonable person would act. (Was the duty breached?)

3-Causation-

i) actual ("but for" test)(but for the defendant's conduct, would the accident have happened?)(usually very easy to satisfy)(James V. Meow Ind. didn't even pass "but for" test)

ii) proximate (foreseeability test)- (is it foreseeable that the one action would cause the other?)

Palsgraph V. Long Island RR- established "zone of danger" foreseeable test.

4-Damages-

i) injury or damages to property

(emotional, physical, financial)

ii) eggshell/thin skulled plaintiff doctrine. (take plaintiff as you find them.

Liebeck V. McDonald's-

Front 3

Good Samaritan Laws

Back 3

-(special tort doctrines)

-a statue that relieves a good Samaritan for ordinary negligence when they stop and render aid to victims in emergency situations.

i) relieved from ordinary negligence, not gross negligence or reckless or intentional conduct.

Front 4

(N. I. E. D.)

Back 4

(Special negligence doctrine)

Negligent infliction of Emotional Distress.

-You must establish these:

i) proximity (plaintiffs mental distress resulted from being physically present for the negligence)

ii) close relation was killed or injured by defendant

iii) suffered severe emotional distress.

Front 5

Negligence Per Se

Back 5

(special negligence doctrine)

- When there is a statue in place to protect a group of people to prevent a certain injury suffered (ex: school zones)

Front 6

Res Ispa Loquitur

Back 6

(special negligence Doctrine)

("The thing speaks for itself)

- The obvious negligence speaks for itself, the defendant has to then try and prove they weren't negligent.

Front 7

Vicarious Liability

Back 7

(Special negligence doctrine)

-(liable for someone else)

-ex: employer liable for employee, bartender for negligence of patrons.

Front 8

Post remedial measures

Back 8

(special negligence doctrine)

-rule that prohibits evidence if post remedial measures from being presented to a jury.

(ex: Apple store Friday's portions of glass after injury, beaver mountain workers raise crash pads on lift poles after injury)

Front 9

Superseding or Intervening Event

Back 9

(Defense against negligence)

-negligence starts and stops. Ex: lighting strikes a man after he had been lying on the ground because you hit him with a golf ball. He is injured from the lightning but you are not liable for that superseding/intervening event.

Front 10

Assumption of risk

Back 10

(Defense against negligence)

- Defense assumes that plaintiff had knowledge of the risk and voluntarily assumed the rush.

(ex: Lilya V. State Fair- "rolling thunder mechanical bull)

Front 11

Contributory negligence

Back 11

(Defense against negligence)

-common law rule that if a plaintiff is partially at fault, he or she cannot recover damages.

Front 12

Comparitive fault

Back 12

(Defense against negligence)

-damages are apportioned according to fault. Two forms:

i) pure comparative fault- a plaintiff can recover even if they are more than 50% liable for their injuries.

ii) partial comparative fault- a plaintiff can only recover damages if they are less than 51% at fault for their injuries.

Front 13

Intentional Torts

Back 13

A type of tort. They law protects a person from unauthorized touching, restraining, or other contact. It also protects their reputation and privacy.

Front 14

Civil Assault

Back 14

(intentional tort)

i) an act by defendant creating a reasonable apprehension in plaintiff

ii) of immediate harmful or offensive contact

iii) intent and

iv) causation

Front 15

Civil Battery

Back 15

(intentional tort)

i) unauthorized

ii) harmful or offensive physical contact with another person

iii) that causes them injury.

Front 16

False imprisonment

Back 16

(intentional tort)

i) intentional confinement out restraint of another person,

ii) without authority or justification

iii) and without that person's consent.

- Defense against this:

shop keepers privilege- merchants can stop and detain suspected shoplifters without being held liable if :

I) there are reasonable grounds for the suspicion

ii) suspected are detained for only a reasonable time.

iii) investigations conducted in a reasonable manner.

(ex: Wal-Mart Inc. V Cockrell)

Front 17

I. I. E. D.

Back 17

(Intentional infliction of emotional distress)

(intentional tort)

"tort of outage"

-i) extreme or outrageous conduct beyond all bounds of decency

ii) intentionally or recklessly causing severe emotional distress to plaintiff.

Front 18

Defamation of character

Back 18

(intentional tort)

(slander-spoken or libel-written)

i) untrue statement

ii) of fact (not opinion)

iii) published to 3rd party

iv) damages

If public figure or official:

v) actual malice (NY times v. Sullivan established higher burden for public official)

Front 19

Strict Liability

Back 19

A type of tort.

-A. D. A. ( abnormally dangerous activities)

-wild animals

-blasting, chemicals, poison

-dog bites- depending on state may have 1 bite rule or strict liability. Utah is strict liability for dogs.

Front 20

Product liability

Back 20

-chain of distribution:

I) all in chain are liable

2) all manufactured, distributors, retailers, etc. Are liable.

Defense to product liability:

-statute of repose- a statue that limits the sellers liability to a certain time period (it expires and then the product "dies")

Front 21

Criminal Law

Back 21

Mens Rea (guilty Mind)

Actus Reus (guilty act)

General intent crimes- requires just the guilty act, it doesn't matter the mind set, one you commit the act you have committed the crime.

Specific intent crimes- requires the guilty act but also the guilty mind.

Front 22

Felony murder

Back 22

I) General intent crime. If someone dies due to the Felony you are committing, even if you didn't pull the trigger, you have committed felony murder.

Front 23

Robbery

Back 23

Common crimes( blue collar crimes)

i) taking

ii) personal property of another

iii) from their presence against their will

iv) by violence, intimidation or threat

v) intent to permanent deprive them of it.

Front 24

Larceny

Back 24

Common crimes( blue collar crimes)

i) unlawful taking

ii) of another's property

iii) without force or threat

iv) with intent to permanent deprive

Front 25

Burglary

Back 25

Common crimes( blue collar crimes)

i) breaking and entering

ii) into a building/occupied structure

iii) intent to commit crime inside

Front 26

Arson

Back 26

Common crimes( blue collar crimes)

i) willful or malicious burning our charing

ii) of another's property

Front 27

Embezzlement

Back 27

(White collar crime)

i) fraudulent conversion of property by a person to whom that property was entrusted.

Front 28

Bribery

Back 28

(White collar crime)

i) a crime in which one person gives another person a gift for a favor in return,where the gift is dishonest in nature.

ii) causes the recipient to discharge their duties or responsible.

Front 29

Extortion

Back 29

(White collar crime)

i) obtaining property by force, threat, intimidation

ii) differs from robbery in that the threat in question doesn't pose an imminent physical danger to victim.

Ex: blackmail

Front 30

Money laundering

Back 30

(White collar crime)

I) taking unlawful money and waking it through a legitimate business

Ex: breaking bad- Walter white uses a car wash to slowly transfer his drug money into society.

Front 31

Criminal conspiracy

Back 31

(White collar crime)

i) 2 or more people agree to commit a crime and

ii) the people intended to every into agreement and

iii) at least one of the conspirators commits some overt act that furthers the conspiracy. (a step in the wrong direction)